Military Service - Demonstration of Service

[gsb17]

Hi all,

I'm currently in the process of applying for a 189 visa as Mechanical Engineer. Everything has been good so far, I have 80 points for my application. To get an EOI at 80 points I had to declare work experience relevant to my skilled occupation. I sent the details of my work experience to Engineers Australia who confirmed that I had over 8 years of work experience, which backs-up my work experience claims with the DIBP. My medicals are complete too, all seems to be well there and my invitation closes on 9th September.

I am currently a serving member of the British Army Reserve. Does anybody here have any experience of applying for a 189 visa (or any other visa) while serving as members of the British Armed Forces (or serving in another nation's reserve/full-time force) and what documents they presented to their case officer as part of their application? Currently the message I have received from my chain of command is that their is no mechanism to demonstrate my current terms of service with the Army Reserve even though discharging from the Army Reserve is a 15 minute process. I wouldn't like to give up my military service in the Army Reserve until I have the visa in hand as there is always the possibility that I won't get a visa approval.

Many thanks

[Cerys89]

Hello,

I was in a similar situation to you when I applied, I’m in the Army Reserve and couldn’t get a Certificate of Service so when I submitted my application I attached a copy of my MOD90 and a few pay slips. 

I’ve had an email this morning from a case officer requesting a character reference from someone in the regiment so I’d suggest you get that. 

They haven’t asked for anything else at the moment but I’ll let you know if they do

[gsb17]

Hi Cerys,

Thanks for your reply. I’m in the process of getting a character reference from my PSAO. 

I’m surprised you haven’t got a certificate of service as I got mine from the admin clerk at my unit, it’s a straightforward download from JPA.

On another note, when did you apply and how long was it before you got the reply today? Did you also apply for a 189?

Thanks 

 

[Cerys89]

I did ask for one but was told it wasn't something they usually do. They said the PSAO would put something together for me but I haven't heard anything back. Fingers crossed as the CO has only asked for the character reference it should be ok.

I submitted a 189 visa application on 25th April and got the email this morning so just under 4 months. I've uploaded the reference already so hoping it won't take too much longer to get the grant!

[gsb17]

Sounds great! I was hoping the process would be a bit quicker than 4 months but that’s life. 

My last question is who’s writing your reference? Is it a commissioned officer? I would rather not go to the PSAO and would prefer my SPSI writes a eference for me.

Well, it looks like it’s not long for you to go and wish you all the best. I’m assuming you’ve had your medicals, if not, do them in Malta as it’s half the price of the U.K. and you get holiday or if it. :). 

[gsb17]

Hi all,

My 189 visa application appeared to be going well but I keep hitting this snag of military service records/discharge etc.  I have been requested to provide a discharge certificate.  I'm currently serving as a reserve soldier and have not discharged from the British Army Reserve and was not expecting to do so until I received my visa and a job offer in Australia.

Has anybody else been in a similar situation either as a reservist or serving soldier in the British Army with no intention to leave until receiving visas? 

The other issue I have is with regard to my wife, she's constantly being asked to provide evidence of end of relationship with her daughter's father where they were never de facto partners.  There is no document to demonstrate this.  Was anybody else in a similar situation and subsequently what document did they provide?

Many thanks for your help.

[wrussell]

Quote

The other issue I have is with regard to my wife, she's constantly being asked to provide evidence of end of relationship with her daughter's father where they were never de facto partners.  There is no document to demonstrate this.  Was anybody else in a similar situation and subsequently what document did they provide?

The relevant regulation:

Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 189 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
4015:
The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant’s home country permits the removal of
the additional applicant;
(b) each person who can lawfully determine where the additional applicant is
to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in
force in relation to the additional applicant.
4016:
The Minister is satisfied that there is no compelling reason to believe that the
grant of the visa would not be in the best interests of the additional applicant

This is not a considered professional opinion and should not be taken as professional advice. Since the welfare of your child is at issue, you might want to consult a registered migration agent for advice about the migration criteria and a family law solicitor for advice about removing the child.

[ali]

On 26/02/2019 at 20:21, gsb17 said:

Hi all,

My 189 visa application appeared to be going well but I keep hitting this snag of military service records/discharge etc.  I have been requested to provide a discharge certificate.  I'm currently serving as a reserve soldier and have not discharged from the British Army Reserve and was not expecting to do so until I received my visa and a job offer in Australia.

Has anybody else been in a similar situation either as a reservist or serving soldier in the British Army with no intention to leave until receiving visas? 

The other issue I have is with regard to my wife, she's constantly being asked to provide evidence of end of relationship with her daughter's father where they were never de facto partners.  There is no document to demonstrate this.  Was anybody else in a similar situation and subsequently what document did they provide?

Many thanks for your help.

Your wife will need the permission of her ex partner to remove the child.

[Marisawright]

On 26/02/2019 at 23:21, gsb17 said:

The other issue I have is with regard to my wife, she's constantly being asked to provide evidence of end of relationship with her daughter's father where they were never de facto partners.  There is no document to demonstrate this.  Was anybody else in a similar situation and subsequently what document did they provide?

Your wife will need permission from the father to remove the child from the UK, so you could get a declaration from him about the end of the relationship at the same time.

[gsb17]

On ‎02‎/‎03‎/‎2019 at 21:30, wrussell said:

The relevant regulation:

Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 189 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
4015:
The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant’s home country permits the removal of
the additional applicant;
(b) each person who can lawfully determine where the additional applicant is
to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in
force in relation to the additional applicant.
4016:
The Minister is satisfied that there is no compelling reason to believe that the
grant of the visa would not be in the best interests of the additional applicant

This is not a considered professional opinion and should not be taken as professional advice. Since the welfare of your child is at issue, you might want to consult a registered migration agent for advice about the migration criteria and a family law solicitor for advice about removing the child.

Thanks for this.  Even though my wife has signed transfer of custody, the 1229 form will still be signed.  Her daughter's father will declare end of relationship and that will be certified as will my wife.

Do you know of any regulations with regards to those serving in the military (I'm a reservist so my conditions of service are significantly different to a regular soldier)?  I wouldn't have thought that serving in a nation's armed forces would be a bar to application.  I have completely good character, no military offences or civilian ever committed.

[Daryn]

On 26/02/2019 at 12:21, gsb17 said:

Hi all,

My 189 visa application appeared to be going well but I keep hitting this snag of military service records/discharge etc.  I have been requested to provide a discharge certificate.  I'm currently serving as a reserve soldier and have not discharged from the British Army Reserve and was not expecting to do so until I received my visa and a job offer in Australia.

Has anybody else been in a similar situation either as a reservist or serving soldier in the British Army with no intention to leave until receiving visas? 

The other issue I have is with regard to my wife, she's constantly being asked to provide evidence of end of relationship with her daughter's father where they were never de facto partners.  There is no document to demonstrate this.  Was anybody else in a similar situation and subsequently what document did they provide?

Many thanks for your help.

Hi GSB17,

What was the eventual outcome with your visa application?  I am currently serving in the British Army but have applied for a SC190 PR visa (sponsored by NSW).  The only bit of documentation I haven't yet submitted is the Certificate of Service which I expect the case officer to request (when we are eventually contacted by one). 

My understanding is that you cannot be granted PR in Australia if serving in the British Army.  Fine, but the visa is not 'activated' until we step foot in Australia, something we have 1 year to do after being 'granted' the visa.  So my thinking is that my last day in the Army is 2 Aug 2020, therefore theoretically if I was granted the visa today, I would have between 2 Aug and 21 Aug 2020 to arrive in Australia.

I guess what I am trying to establish is whether the visa can be granted now or have I wasted a shed load of money?

Grateful for your thoughts,

Daryn.

[safarichick]

16 hours ago, Daryn said:

Hi GSB17,

What was the eventual outcome with your visa application?  I am currently serving in the British Army but have applied for a SC190 PR visa (sponsored by NSW).  The only bit of documentation I haven't yet submitted is the Certificate of Service which I expect the case officer to request (when we are eventually contacted by one). 

My understanding is that you cannot be granted PR in Australia if serving in the British Army.  Fine, but the visa is not 'activated' until we step foot in Australia, something we have 1 year to do after being 'granted' the visa.  So my thinking is that my last day in the Army is 2 Aug 2020, therefore theoretically if I was granted the visa today, I would have between 2 Aug and 21 Aug 2020 to arrive in Australia.

I guess what I am trying to establish is whether the visa can be granted now or have I wasted a shed load of money?

Grateful for your thoughts,

Daryn.

Hi Daryn, my husband was military, we came over as part of the lateral transfer scheme on a 186.  Timeline - Pressed the magic button Oct 16, applied for visas Dec 16, granted Apr 17, arrived in Oz Oct 17.  We provided proof of signing off and when his last day in the British Army would be.  He also obtained a printout of service from JPA.  For us it may have been easier as he had a contract from ADF to upload as well.

[C2445]

On 21/08/2019 at 14:47, Daryn said:

Hi GSB17,

What was the eventual outcome with your visa application?  I am currently serving in the British Army but have applied for a SC190 PR visa (sponsored by NSW).  The only bit of documentation I haven't yet submitted is the Certificate of Service which I expect the case officer to request (when we are eventually contacted by one). 

My understanding is that you cannot be granted PR in Australia if serving in the British Army.  Fine, but the visa is not 'activated' until we step foot in Australia, something we have 1 year to do after being 'granted' the visa.  So my thinking is that my last day in the Army is 2 Aug 2020, therefore theoretically if I was granted the visa today, I would have between 2 Aug and 21 Aug 2020 to arrive in Australia.

I guess what I am trying to establish is whether the visa can be granted now or have I wasted a shed load of money?

Grateful for your thoughts,

Daryn.

Hi Daryn, 

Just wondering what your eventual outcome was? Were you granted your visa before your last day in the military, or did you have to wait until you were officially discharged from military service and had a certificate to prove that? If the latter, how long did it take between your discharge date and receiving the visa?

I signed off earlier this year to leave the British Army in Aug 2021 and submitted my application for a spousal visa back in Feb 2020. Pretty soon after submitting the application in Mar 2020 we received a message on my immi account stating that we met all of the criteria for a visa, but asked for confirmation of my discharge date, and that they would need to see my final discharge papers.

I have subsequently uploaded (Nov 2020) a JPA screenshot confirming my discharge date (19 Aug 2021) but have heard nothing back. As I'm currently deployed overseas, my wife is really struggling back in the UK with no family support (hers are in Australia, mine are in the US longterm for work) and so we are hoping to move to Australia as soon as I finish my service next year. Therefore I am trying to ascertain whether it is possible for the visa to be granted prior to my discharge date (or possibly to become active on that date?), and if not, how long we might have to wait for a visa once I have served my last day?

For background: my wife is Australian and we have been together in the UK since 2012; married in Australia last year; and now have a six month old son together.

Any advice or just an outline of your own outcome very much appreciated.

Callum

[Ohno]

Facing the same issue. Currently in army reserve. Was asked for discharge papers as part of 189 application. Was not planning to leave and move over for another 2 years or so. Cant figure out what is the minimum that they need to be happy and grant us residency. Aslo cant find what the rules/requirements are (currently looking for a way to contact visa people directly to find out what the rules are), seen a hint somewhere that you cant be granted residency while you are a part of military? Searched in google far and wide to find some anwers/tips on what to do, with zero sucess.

[wrussell]

Do not rely on information obtained from DHA 'help' lines or websites. It is superficial, often misleading and sometimes wrong.  Go to the relevant legislation, or consult one of the registered migration agents who posts on this forum.

[Marisawright]

15 hours ago, Ohno said:

Facing the same issue. Currently in army reserve.....seen a hint somewhere that you cant be granted residency while you are a part of military? 

I notice @Daryn, above, saying he knows that's the case.  It's been a long time, but by tagging him here, there's a chance he might get the email and come back to give you an answer.  

If you look at all the posts above, everyone is saying you require your discharge papers , or at least a discharge date, before you can be granted the visa. However like you, I've Googled and can't find anything.  You might have to book a one-off consultation with an agent like Westly (who posted above) to get an accurate answer.

[wrussell]

'National service' engagement is usually straightforward, but outstanding liability for it might raise an issue. Regular service is quite another matter.

[paulhand]

On 15/06/2023 at 09:39, Ohno said:

Facing the same issue. Currently in army reserve. Was asked for discharge papers as part of 189 application. Was not planning to leave and move over for another 2 years or so. Cant figure out what is the minimum that they need to be happy and grant us residency. Aslo cant find what the rules/requirements are (currently looking for a way to contact visa people directly to find out what the rules are), seen a hint somewhere that you cant be granted residency while you are a part of military? Searched in google far and wide to find some anwers/tips on what to do, with zero sucess.

You will need discharge papers and a good conduct certificate. It’s logical really … why would a country grant PR to a soldier in a foreign army?